[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-11-1994 by L.L. No. 1-1994]
No person shall, without permission of the Village Board, change
the established grade of any sidewalk in the Village of New Hartford.
The applicant will submit a work plan and/or a map that shall
include such details as measurements of excavation, proximity of guys,
supporting poles, number of poles and proposed method of construction.
A.
No person, without first obtaining permission from the Board of Trustees,
evidenced by a written permit signed by the DPW Superintendent or
his designee, shall injure or tear up or dig any hole or trench in
any street or right-of-way, either for the purpose of connecting with
any sewer, gas pipe-or water pipe or for any other purpose, or dig,
remove or carry away any stone, earth, sand or gravel from any street,
lane or Village property.
B.
Any person who shall injure or cause or permit injury to or tearing
up of or digging of any hole or trench in any pavement or right-of-way
shall restore the same to as good condition as before, without unnecessary
delay and to the satisfaction of the DPW Superintendent or his designee.
The issuance of a permit may be waived by the Village Board
for emergency situations requiring immediate attention. For scheduled
repairs and capital improvement projects, the utility will be required
to obtain a permit and post a bond with the Village DPW Superintendent
or his designee.
All contractors engaging in the excavation of a Village street,
curb or right-of-way shall file a street opening bond with the DPW
Superintendent or his designee with a minimum amount of $5,000 per
excavation to indemnify the Village against all losses, costs, damages
or expenses sustained or received on account of any negligence, omission
or act of the applicant or any of his, their or its agents arising
from or resulting, directly or indirectly, by reason of any act, construction
or excavation made or permitted under the authority of such permit
or consent. Said bond will not be canceled for a period of one year
from completion of the restoration of the excavation.
All defective work must be removed and all excavations must
be filled in and restored to the satisfaction of the DPW Superintendent
or his designee. If the Village is obligated to restore the site to
its original condition, the costs to the Village will be deducted
from the permittee's bond at the conclusion of the restoration.
A.
The applicant is required to have compensation insurance and disability
coverage as noted in the provisions of the Workers' Compensation Law
and acts amendatory, or the permit will be invalid.
B.
Before commencing work, the permittee shall file with the Village
DPW Superintendent or his designee insurance certificates for the
following, with the Village of New Hartford as named insured: public
liability limited to $2,000,000 for injuries, and including wrongful
death, to each person and limited to $100,000 on account of each occurrence;
and property damage for $100,000 for damages on account of any occurrence
and $300,000 in the aggregate. The policies shall cover motor vehicle
operations and the use of explosives and blasting. All insurance policies
must provide for 30 days' notice to the Board before cancellation
and must cover all liabilities to the Village Board and be in satisfactory
form to be approved by the Board.
C.
A review will be performed by the Village Engineer should the contractor
request permission to use explosives or to blast. The Village's insurance
company or insurance consultant will determine the kinds and amounts
of insurance to be provided by the contractor in addition to those
stated above, and the contractor shall provide such insurance with
the Village named as sole insured. Prior to using explosives or blasting,
the contractor shall obtain a permit from the Village Clerk's office.
For any projects prior to the issuance of a permit, the permittee
may be required by the Village Board to sign an inspection payment
agreement, agreeing to the inspection charges, and/or a payment agreement
for design reviews. The Village shall not be held liable for any costs
incurred by the issuance of a street opening permit. The Village Board
reserves the right to modify fees and to revoke or annul permits at
any time.
Permits issued are for excavations within or to Village highways,
rights-of-way, curbs and sidewalks over which the Village has jurisdiction
(state, county and town governments issue permits for their jurisdictions,
and all contractors shall have permits from any other municipality
when required). The privilege granted by the permit does not authorize
any infringement of federal, state or local laws or regulations.
The permittee shall notify:
A.
All public utilities 72 hours prior to the start of work in accordance
with the New York State Industrial Code 53.
B.
The municipality having jurisdiction of the street.
C.
The New Hartford Central dispatch 24 hours prior to the start of
work in the event that the road is to be closed or become impassable.
D.
The utility in the event that the work being performed will affect
utilities' facilities owned and operated by utility companies.
A plan detailing how the permittee intends to protect and maintain
traffic may be required by the Village Board and shall be submitted
with work plans. Traffic shall be maintained on the highway in a safe
manner during working and nonworking hours until construction is complete.
The permittee is responsible for traffic protection and maintenance,
including adequate use of signs, barriers and flag persons during
working and nonworking hours. Maintenance of traffic shall conform
to the New York State Department of Transportation Manual of Traffic
Control Devices.
The permittee shall conform to the rules and amendments as defined
by the Occupational Safety and Health Administration (OSHA) as to
the safety of the permittee's employees, i.e., confined space entry,
fall prevention and retrieval, sheeting and bracing, material safety
data and piling of material.
Upon completion of the work within the Village highway right-of-way
authorized by the street opening permit, the permittee, or its successors
in interest, shall be responsible for the maintenance and repair for
a period of one year from the date of excavation, as set forth within
the terms and conditions of this article.
Where not detailed, the permittee shall abide by the rules and
amendments of the New York State Department of Transportation standard
specifications in regards to general provisions, earthwork, bases
and subbases, bituminous pavements, rigid pavements, structures, incidental
construction material details and seasonal limitations.
Whenever the sawcut of the pavement is done prior to the work
area being closed to traffic, the contractor shall fill the sawcut
with limestone run of crush or approved equal material if the area
will be excavated within two days or with cold patch if the area will
remain open to traffic for more than two days. The contractor shall
maintain the cold patch and/or gravel in good condition until the
work area is closed to traffic. The cost of furnishing cold patch
and/or gravel shall be solely at the contractor's expense.
Pavement shall be broken up and loosened with suitable equipment
without damage to the adjacent pavement or structures. The edge of
the pavement left in place shall be neatly trimmed so as to form a
nearly vertical joint.
The foundation shall be broken with equipment without damage
to adjacent structures and shall be done in such a manner that the
surrounding foundation and pavement not necessary to be removed, will
not be injured or cracked. In the case where reinforcement wire is
encountered, the reinforcement may be cut or burned off except where
it is intended to preserve the reinforcement at the limits of the
removed area so that it may be utilized as a tie to the new concrete.
The edge of the concrete left in place shall be trimmed to a vertical
edge and if so directed shall be neatly saw cut to a straight line.
The permittee shall remove all material from excavation within
the paved highway limits and dispose of it in such a manner as not
to cause a nuisance, injury or inconvenience to the public. The material
shall be disposed of within current regulations.
For unpaved areas, from the bottom of the excavation or the
top of the pipe bedding the excavation may be filled with suitable
excavated material providing material is free of boulders, frozen
chunks, cinders or other substances which may damage, break, misalign
or cause corrosive action to the piping. Compaction lifts shall not
exceed 12 inches in depth. Backfill shall be brought to four inches
below the finished grade to allow for the placement of topsoil.
For paved areas, from the bottom of the excavation or the top
of the pipe bedding the trench may be filled with either method described
below:
A.
Subbase construction consisting of two separate layers of New York
State (NYS) Type 4 and NYS Type 2 subbase course with the layer of
Type 4 ending 12 inches below the finished subbase grade, and the
remaining 12 inches shall consist of Type 2.
B.
Subbase course consisting of a single layer of NYS Type 2.
C.
Subbase course consisting of a single layer of NYS Type 4 will be
allowed where the highway has a rigid concrete pavement foundation.
Lifts shall be no greater than six inches. The subbase course shall
be brought to a grade allowing for the replacement to existing conditions
or a minimum of five inches of bituminous concrete. Should the highway
have a rigid foundation the subbase shall be brought to a grade to
allow for the replacement of a minimum of eight inches of rigid concrete
foundation.
The thickness of the foundation shall be a minimum of eight
inches placed in one course. Wire fabric reinforcement six inches
by six inches by ten-gauge shall be embedded at middepth in the slab
and tied to the existing reinforcement, or when directed, epoxy-coated
dowels shall be drilled and grouted to the existing rigid foundation
on eighteen-inch centers. Wire reinforcement shall then be secured
to dowels prior to the placement of the concrete. The foundation shall
be thoroughly coated with a liquid membrane curing compound. The foundation
shall be Class F with a slump range of two to three inches and be
5,000 pounds per square inch (psi) high-early mix. The foundation
shall have a course broom finish. The grade of the foundation shall
allow for the placement of a minimum of two inches of bituminous pavement.
Should the pavement course be delayed, a layer of cold patch or a
concrete cap shall be applied until such time as final restoration
can be completed; at such time all cold patch or the cap shall be
removed.
Where a rigid foundation exists, a single layer of NYS Type
7, a minimum of two inches, shall be placed and compacted to make
a smooth transition with existing pavement. The perimeter of the patch
shall be painted with a tack coat prior to placement of bituminous
material. Where no rigid concrete foundation exists, a course of NYS
Type 3 binder shall be placed and compacted to a thickness of three
inches, followed by a layer of NYS Type 7 top as described above.
Sidewalks within the Village right-of-way shall be replaced
on a four-inch bed of clean, fine, well-compacted gravel or NYS Item
Type 4. The cement shall consist of 4,000 psi placed at a four-inch
slump. The thickness at the sidewalk shall be four inches nonreinforced
unless located within a driveway. At driveways, the thickness shall
then be six inches with reinforcement fabric embedded midway in the
slab. The wire fabric shall consist of ten-gauge wire at six-inch
centers. Transverse construction joints shall be spaced at no more
than twenty-foot intervals and contain a premolded joint filler expansive
joint that shall extend the full width and depth of the slab. The
edges of all the slabs shall be finished with an edging tool having
a 1/4 inch radius. The concrete shall be finished to produce a smooth
finish and then be broomed to a uniform texture. The concrete surface
shall be scored and tooled at intervals of four or five feet as directed
by the Village. A premolded resilient joint filler shall be installed
at all joints between sidewalks, curbs and pavement. After the sidewalk
becomes firm a liquid membrane curing compound with clear fugitive
dyes shall be applied at the manufacturer's application rates.
These ramps shall conform to the New York State Department of
Transportation Detail Sheet Type No. 608-3R3, Sidewalk Curb Ramp Details,
as amended.
Within the Village right-of-way the subbase shall be fine graded
to allow for the placement of four inches of topsoil that when lightly
rolled will meet the finished grade. A perennial grass seed shall
be sowed to cover 30 square yards per pound and shall be reasonably
free of noxious weeds. The seed shall be covered to a depth not exceeding
1/4 inch by raking. All seeded areas shall be covered by mulch or
straw.
[Adopted as Ch. 46 of the 1971 Code; amended in its entirety 9-11-1994 by L.L. No. 1-1994]
A.
No street shall be accepted hereafter by the Board of Trustees of
the Village of New Hartford pursuant to the provisions of Article
6, § 6-610, of the Village Law:
(1)
Unless the same shall be free from all liens and encumbrances; and
(2)
Unless a map showing said street and having thereon the written approval
of the Village Engineer is filed in the office of the Clerk of the
County of Oneida and with the Board of Trustees of the Village of
New Hartford at the time when a written offer of dedication shall
be presented to the latter.
B.
The Village Engineer shall not give said written approval to any
such map of a street unless:
(1)
The profile of the street has been marked thereon;
(2)
Said street has been graded from street line to street line, to a
grade approved by the Village Engineer;
(3)
Said street therein described is not less than 60 feet in width and
the lines thereof marked and monumented with concrete monuments, except
that the Village Board upon recommendation of the Village Engineer
may, pursuant to the appropriate provisions of the Village Law, accept
such street being less than 60 feet in width upon a unanimous vote
of the Board of Trustees.
C.
Requirements.
(1)
The following requirements shall be met before any street or road
shall be accepted by the Village of New Hartford. A preliminary plan
or sketch of any land proposed to be conveyed to the Village of New
Hartford for road or street purposes shall first be submitted to the
Committee on Streets. If the Village Board approves of its location
and general plan, the following must then be complied with:
(a)
Prior to any construction, a map and plan shall be furnished,
prepared by a licensed engineer, showing the plan and profile of the
proposed grade of the street, which grade shall not exceed 10% or
less than 0.40%, and the proposed method of surface draining and proposed
construction details. The width of the street shall be at least 60
feet, except that the Village Board, upon recommendation of the Village
Engineer, may accept such street being less than 60 feet in width.
(b)
All topsoil shall be removed along the area 15 feet of each
side of the center line, unless a fill of three feet or more is required.
Fills must be made with material approved by the Village Engineer
and placed in layers of not over six inches, and each layer shall
be properly rolled. All muck, quicksand, spongy material and any other
objectionable material shall be removed.
(c)
All streets and roads shall be graded in the following manner:
The center portion 20 feet in width shall be 16 inches below the finished
grade, as shown on the profile, and after it has been properly shaped,
it shall be thoroughly rolled and compacted. Shoulders shall be at
least six feet in width and on the grade as shown for the finished
surface. Drainage ditches shall be provided on each side of the road,
the center line of which shall be 18 feet from the center of the road;
ditches shall be at least 18 inches deep, one-foot wide at the base
with slopes at one-foot vertical to one-and-fifty-hundredths-foot
horizontal. The grade of the outside area or sidewalk and lawn section
shall in no case be lower than the crown of the pavement nor more
than 18 inches above the crown.
(d)
No dead-end street or road shall be accepted unless a suitable
area at the end is provided for the turning of snowplows, moving vans,
etc. If a circular area is used, the radius of such circle shall be
at least 75 feet. A wye may be used, provided that an area 60 feet
in width and 60 feet in depth as part of such street is conveyed.
(e)
The grantor shall be responsible for the placement of:
[1]
Subbase course, consisting of New York State Department Of Transportation
Item Type No. 304.03 Type Type 2 not less than 12 inches in thickness
after compaction and fine graded to form a center line crown of 1/4
of an inch per foot above the outer edges of the pavement line.
[2]
A two-course bituminous pavement as set forth in the New York
State Department of Transportation Standard Specifications, Section
400. The width of the pavement shall be no less than 20 feet and have
a center crown of 1/4 inch per foot slope to the pavement outer edges.
The pavement course after compaction shall be no less than 2 1/2
inches of New York State Item No. 403.13 Type 3 binder followed by
1 1/2 inches of New York State Item No. 403.18 Type 7 top course.
[3]
Suitable crossroad culverts shall be installed by the grantor
where necessary. Driveway culverts shall be furnished and installed
by the grantor or residents, which culverts shall not be less than
12 inches in diameter and 16 feet in length, the material and installation
to be approved by the Village Engineer or DPW Superintendent or his
designee. No concrete headwall for driveway culverts shall be constructed
in such a manner as to allow the headwall to project above the grade
of the road, road shoulder or driveway. Where there is no natural
stream or watercourse for the drainage of surface water from the proposed
street or road, the grantor or developer shall secure rights-of-way
and construct ditches or install stormwater sewers to a natural waterway
or as the Village Board directs.
(f)
All road specifications or regulations of any federal or state
housing organization must be complied with by the grantor or developer
and all costs in connection therewith assumed before requesting acceptance
by the Village Board.
(g)
The lines of said street or road shall be monumented with concrete
or stone monuments, which shall be set under the supervision of a
licensed engineer or surveyor and approved by the Village Engineer.
(h)
No gravel or stone is to be placed on the subgrade until said
subgrade is approved by the DPW Superintendent or his designee or
Village Engineer.
(2)
The engineer employed by the grantor or developer for the design
and supervision in building any new street or road will be required
to give satisfactory proof that the above requirements have been fully
complied with.
(3)
The title to said street must be free and clear of all liens and
encumbrances and shall be approved in writing by the Village Attorney.
(4)
Four copies of the plan and profile must be furnished with the deed
conveying title to the Village.
The provisions of this article shall not be interpreted as a
substitution for requirements of the application of sound engineering
principles and practices and are not intended to release or relieve
the developer from such requirements as may be deemed necessary by
the Village Engineer.
